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    1) Jeffrey Murphy pled guilty to possession of firearms by a convicted felon and was sentenced to 120 months in prison. 2) Murphy waived his right to appeal his sentence and conviction in his plea agreement, reserving only the right to appeal issues that cannot be waived by law. 3) The court found that Murphy validly waived his right to appeal, so it dismissed the appeal as to any issues covered by the waiver but still reviewed the record for any unwaived issues. Finding no unwaived issues, the court affirmed Murphy's sentence and conviction.

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    1) Jeffrey Murphy pled guilty to possession of firearms by a convicted felon and was sentenced to 120 months in prison. 2) Murphy waived his right to appeal his sentence and conviction in his plea agreement, reserving only the right to appeal issues that cannot be waived by law. 3) The court found that Murphy validly waived his right to appeal, so it dismissed the appeal as to any issues covered by the waiver but still reviewed the record for any unwaived issues. Finding no unwaived issues, the court affirmed Murphy's sentence and conviction.

    Original Description:

    Filed: 2013-03-21 Precedential Status: Non-Precedential Docket: 12-4693

    Original Title

    United States v. Jeffrey Murphy, 4th Cir. (2013)

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    1) Jeffrey Murphy pled guilty to possession of firearms by a convicted felon and was sentenced to 120 months in prison. 2) Murphy waived his right to appeal his sentence and conviction in his plea agreement, reserving only the right to appeal issues that cannot be waived by law. 3) The court found that Murphy validly waived his right to appeal, so it dismissed the appeal as to any issues covered by the waiver but still reviewed the record for any unwaived issues. Finding no unwaived issues, the court affirmed Murphy's sentence and conviction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    33 views4 pages

    Unpublished

    Uploaded by

    Scribd Government Docs
    1) Jeffrey Murphy pled guilty to possession of firearms by a convicted felon and was sentenced to 120 months in prison. 2) Murphy waived his right to appeal his sentence and conviction in his plea agreement, reserving only the right to appeal issues that cannot be waived by law. 3) The court found that Murphy validly waived his right to appeal, so it dismissed the appeal as to any issues covered by the waiver but still reviewed the record for any unwaived issues. Finding no unwaived issues, the court affirmed Murphy's sentence and conviction.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-4693

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    JEFFREY MATTHEW MURPHY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Danville.
    Jackson L. Kiser, Senior
    District Judge. (4:11-cr-00014-JLK-1)

    Submitted:

    March 8, 2013

    Decided:

    March 21, 2013

    Before DAVIS, WYNN, and THACKER, Circuit Judges.

    Dismissed in part; affirmed in part by unpublished per curiam


    opinion.

    Larry W. Shelton, Federal Public Defender, Christine Madeleine


    Lee, Research and Writing Attorney, Roanoke, Virginia, for
    Appellant.
    Ronald Andrew Bassford, Assistant United States
    Attorney, Roanoke, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jeffrey Matthew Murphy pled guilty, pursuant to a plea
    agreement, to possession of firearms by a convicted felon, in
    violation of 18 U.S.C. 922(g)(1) (2006), and was sentenced to
    120 months imprisonment.

    On appeal, counsel has filed a brief

    pursuant to Anders v. California, 386 U.S. 738 (1967), asserting


    there are no meritorious grounds for appeal but questioning the
    reasonableness of Murphys sentence.
    right

    to

    file

    pro

    se

    brief

    but

    Murphy was informed of his


    has

    not

    done

    so.

    The

    Government has filed a motion to dismiss this appeal in part on


    the ground that Murphy knowingly and intelligently waived the
    right to appeal his sentence and conviction.

    For the reasons

    that follow, we dismiss in part and affirm in part.


    In

    his

    plea

    agreement,

    Murphy

    waived

    the

    right

    to

    appeal his sentence and conviction, reserving only the right to


    appeal those issues that may not be waived by law.

    A defendant

    may waive the right to appeal . . . so long as the waiver is


    knowing
    Copeland,

    and

    voluntary.
    F.3d

    United

    States

    v.

    , 2013 WL 657785, at *5 (4th Cir.

    Feb. 25, 2013) (internal quotation marks omitted).

    Generally,

    if the district court fully questions a defendant regarding the


    waiver of his right to appeal during the Fed. R. Crim. P. 11
    colloquy and the record reveals that the defendant understood
    the full import of the waiver, the waiver is both valid and
    2

    enforceable.
    determined

    Id.

    A review of the record reveals that the court

    Murphy

    was

    competent

    to

    plead

    guilty,

    had

    the

    opportunity to discuss his plea agreement with counsel, entered


    his

    guilty

    plea

    in

    the

    absence

    of

    threats

    understood the terms of his appeal waiver.

    or

    force,

    and

    Thus, we conclude

    that Murphy validly waived his right to appeal his sentence and
    conviction and that the claim raised on appeal falls within the
    scope of his waiver.

    Id. (providing standard).

    Accordingly, we

    grant the Governments motion to dismiss in part and dismiss the


    appeal of Murphys sentence and conviction as to any issue for
    which waiver is legally permissible.
    Although the waiver provision in the plea agreement
    precludes our review of most issues related to Murphys sentence
    and conviction, the waiver does not preclude our review of any
    errors that may not be waived and that may be revealed by our
    review pursuant to Anders.
    F.3d

    137,

    151

    (4th

    appellate waiver).

    Cir.

    See United States v. Johnson, 410


    2005)

    (naming

    issues

    not

    waived

    by

    In accordance with Anders, we have reviewed

    the record in this case and have found no unwaived meritorious


    issues for appeal.

    We therefore deny in part the Governments

    motion to dismiss and affirm Murphys sentence and conviction on


    any

    grounds

    not

    encompassed

    by

    appellate waiver.

    his

    knowing

    and

    intelligent

    This
    writing,

    of

    court

    his

    requires

    right

    to

    that

    petition

    United States for further review.

    counsel
    the

    inform

    Supreme

    Murphy,

    Court

    of

    in
    the

    If Murphy requests that a

    petition be filed, but counsel believes that such a petition


    would be frivolous, then counsel may move in this court for
    leave to withdraw from representation.

    Counsels motion must

    state that a copy thereof was served on Murphy.

    We dispense

    with oral argument because the facts and legal contentions are
    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument would not aid the decisional process.


    DISMISSED IN PART;
    AFFIRMED IN PART

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